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Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 34276
Experience:  25 years exeperience
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I have a query re the sale of my house

Customer Question

HiI have a query re the sale of my house
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Clare replied 1 year ago.


Thank you for your question

My name is Clare

I shall do my best to help you - please let me know what it is you would like to know

Customer: replied 1 year ago.
HiI have a solicitor, but need urgent advice. I am selling my house which I purchased with my mother in 2005. My partner moved in in 2006/7 and lived with me until 2 years ago. We had 2 children, we separated and he moved out. He converted my loft which I paid for during the relationship via a 17k second mortgage.I am about to sell and buy another property and he has now put a unilateral notice on the house via his solicitor. However 3 weeks ago I received a letter from his solicitor asking me to enter into financial mediatin. I said I was willing to do so but did not hear back from them.I am about to exchange contracts and do not want to prevent the sale of my house. My ex was not married to me, he was not on the mortgage and he has not paid for th children since we separated. My mother also gave him £2000 when we separated so that he could pay for a deposit on a rented flat, he did not do this.
He is a self employed builder and I am getting a cheaper home but one which the children can live in until they are adults.Can he prevent the exchange of contracts. I can see that I could apply to the land registry to remove the notice, is it that simple?
Customer: replied 1 year ago.
Also I should add that I cannot afford to pay him any money that he could argue he is owed as I am downsizing to be able to afford to live. My mum put an original 160 deposit into the house originally and I put 75k into it originally
Customer: replied 1 year ago.
are you there?
Expert:  Clare replied 1 year ago.

My apologies for the delay

How much is the property worth and how much is outstanding on the mortgage?

Did you actually pay him to do the work?

Customer: replied 1 year ago.
It is being sold for 375. Contracts ready to sign tomorrow. I gave him 17k to do the work but that was for materials. He said it would take 8 weeks but he took months. It was supposed to be completed before I gave birth to my son. I got legal advice a week ago re the mediation and looking at property and case law she advised the law was not on his side but he has an interest as if put value on the property. However she advised to meet with the mediator first alone for them to assess the suitability of mediation (as he has been violent to me) and that if it came to it, pay 3-5k to end it. She said that his solicitor wouldn't want to 'touch it with a barge pole' re court action. Also when I turn g his solicitor she warned against us both 'wasting thousands' in court. I said I had no intention of doing so.
However he has now put this notice on
Customer: replied 1 year ago.
Sorry to answer your question there is 70k outstanding on the mortgage. The 300k left will be used as a deposit for a house that I have offered 352500 on. I can get a mortgage for 66k max based on my income and outgoings this will cover the money needed for the new house plus stamp duty.
Expert:  Clare replied 1 year ago.

What is the exact wording of the Notice?

Customer: replied 1 year ago.
Will find out tomorrow, I'm assuming you know what a unilateral notice is?
Customer: replied 1 year ago.
Actually solicitor asked me if I knew details so I assumed that was enough to go on?
Expert:  Clare replied 1 year ago.

Excellent - that was the word I needed!.

The actual requirement is for your conveyancer to confirm that he or she has given Notice of the Sale to the named person - not in advance or anything else - just that he has notified him

This is often confused with a Restriction - which would mean that the sale could not go ahead without your ex's agreement.

Accordingly the sale CAN still go ahead - although if you are using a non solicitor conveyancer you may need to explain this and ask them to check.

You have been given excellent advice about mediation and offers and I agree with the assessment that you were given

I hope that this is of assistance - please ask if you need further details